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2026 Florida Statutes
SECTION 2801
Domestic violence; enhanced penalties.
Domestic violence; enhanced penalties.
741.2801 Domestic violence; enhanced penalties.—
(1) As used in this section, the term “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
(2) The penalty for a crime of domestic violence shall be reclassified if, at the time of the commission of the offense, the offender has a prior conviction for a crime of domestic violence. The reclassification is as follows:
(a) A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree.
(b) A misdemeanor of the first degree is reclassified to a felony of the third degree. For purposes of sentencing under chapter 921, such offense is ranked in level 1 of the offense severity ranking chart.
(c) A felony of the third degree is reclassified to a felony of the second degree.
(d) A felony of the second degree is reclassified to a felony of the first degree.
(e) A felony of the first degree is reclassified to a life felony.
For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this section is ranked as provided in s. 921.0022 or s. 921.0023 without regard to the penalty enhancement in this section.
(3) The penalty enhancement in this section does not apply to a conviction for felony battery under s. 784.03(2).
History.—s. 2, ch. 2026-86.